GONZALEZ v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

5352, 114796/05.

85 A.D.3d 550 (2011)

925 N.Y.S.2d 462

2011 NY Slip Op 5190

ENOOS GONZALEZ, Respondent, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant-Respondent, and T.U.C.S. CLEANING SERVICE, INC., Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2011.


The Port Authority failed to establish that it timely filed its cross motion (see Corchado v City of New York, 64 A.D.3d 429 [2009]). Counsel's statement in a reply affirmation that it timely served an affirmation in support of the cross motion is unsupported by any claim of personal knowledge. Accordingly, it is without evidentiary value and thus unavailing (see Zuckerman v City of New York, 49 N.Y.2d 557...

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